Closing ArgumentsClosing Arguments

Saving the Best for LastSaving the Best for Last

Purpose of Closing Purpose of Closing ArgumentsArguments

This is your one chance to be an This is your one chance to be an advocateadvocate. .

This is the This is the conclusionconclusion to the trial – to the trial – your chance to pull together your your chance to pull together your theory, theme, and the factstheory, theme, and the facts

Use it to evoke a single conception of Use it to evoke a single conception of eventsevents

Limits on Closing ArgumentsLimits on Closing Arguments

You may only argue based on evidence You may only argue based on evidence that you have that you have actually admittedactually admitted

If you didn’t get the evidence in, you If you didn’t get the evidence in, you can’t argue what it shows in your can’t argue what it shows in your closing argument.closing argument.

Use your closing as a checklist of the Use your closing as a checklist of the evidence youevidence you have to have to get in during get in during trial.trial.

Closing Argument MUSTSClosing Argument MUSTS

Use your theory and themeUse your theory and theme: Remind : Remind the jury what your side thinks the jury what your side thinks happenedhappened

Argue for the verdictArgue for the verdict: Use the : Use the evidence you’ve presented and evidence you’ve presented and connect it to the verdict you wantconnect it to the verdict you want

Avoid impermissible argumentsAvoid impermissible arguments: : Only make arguments based on the Only make arguments based on the evidence you’ve introduced. evidence you’ve introduced.

Using your theory and Using your theory and themetheme

Tell the jury why your client is entitled to Tell the jury why your client is entitled to the verdict that you wantthe verdict that you want

It’s your last chance to tell your side’s It’s your last chance to tell your side’s version of the story.version of the story.

Theme should be logical and believableTheme should be logical and believable– EX: EX: Jealously killsJealously kills– EX: EX: a rush to judgment is not enough to a rush to judgment is not enough to

convictconvict– EX: EX: no weapon, no crimeno weapon, no crime

Argue, Argue, ArgueArgue, Argue, Argue

You couldn’t argue in opening, so this You couldn’t argue in opening, so this is your one chance to shine.is your one chance to shine.

Make inferences and conclusions Make inferences and conclusions from your evidencefrom your evidence

Cluster evidence by topic to prove Cluster evidence by topic to prove your side of the caseyour side of the case

Apply the LAW to your FACTSApply the LAW to your FACTS

Keep ArguingKeep Arguing

Use analogies, allusions, and storiesUse analogies, allusions, and stories– AnalogiesAnalogies: Compare to everyday human : Compare to everyday human

behaviorbehavior– AllusionsAllusions: Literary or movie reference : Literary or movie reference

that adds force to your argumentthat adds force to your argument– Stories and AnecdotesStories and Anecdotes: It is ok to use : It is ok to use

hypotheticals and personal stories. hypotheticals and personal stories. Hypotheticals must be based on Hypotheticals must be based on evidenceevidence

Even More ArgumentEven More Argument Emphasize undisputed factsEmphasize undisputed facts

Refute the opposition’s testimonyRefute the opposition’s testimony

Tie up your cross examination – what did Tie up your cross examination – what did all of those “yes” and “no” answers showall of those “yes” and “no” answers show

Argue witness’s credibility and motiveArgue witness’s credibility and motive

Argue Argue weightweight that should be given to that should be given to evidenceevidence

Confront and explain the weaknesses in Confront and explain the weaknesses in your case.your case.

Planning your ClosingPlanning your Closing

Best to develop instead of a fully-Best to develop instead of a fully-written piece, so that you are free to written piece, so that you are free to speakspeak

Tell a persuasive Tell a persuasive storystory– Known facts (established during trial)Known facts (established during trial)– Reasons explaining why things happenedReasons explaining why things happened– Which witnesses should be believedWhich witnesses should be believed– Details related to important, disputed factsDetails related to important, disputed facts– Details about how to interpret evidenceDetails about how to interpret evidence– Details about motivationDetails about motivation

More PlanningMore Planning

Start strong and end REALLY strongStart strong and end REALLY strong

Argue your theory of the case first. Argue your theory of the case first. Don’t discuss weaknesses in your Don’t discuss weaknesses in your case until later.case until later.

Embrace or displace the burden of Embrace or displace the burden of proffproff

Planning Prosecution Planning Prosecution ClosingClosing

Must deal with the elements of the Must deal with the elements of the crime and argue that you have crime and argue that you have proved them beyond a reasonable proved them beyond a reasonable doubtdoubt

Planning Defense ClosingPlanning Defense Closing

Select those elements of the crime or Select those elements of the crime or story you feel the prosecution has story you feel the prosecution has failed to provefailed to prove

Respond to plaintiff’s case – leave Respond to plaintiff’s case – leave room for yourself to adjust closing room for yourself to adjust closing based on what prosecution doesbased on what prosecution does

Organization OptionsOrganization Options

Topical OrganizationTopical Organization– Issues (motive, opportunity)Issues (motive, opportunity)– Elements of the crimeElements of the crime

Chronological Chronological

Witness by WitnessWitness by Witness

EVALUATE THE CLOSING ARGUMENT:

What was the theme?

What was the theory?

What worked?

What didn’t work?

What needed to be added?